William Curteis & Co Pty Limited, in the matter of an application for an inquiry relating to an election for offices in the Australian Hotels Association, New South Wales Branch [2003] FCA 927

FEDERAL COURT OF AUSTRALIA

William Curteis & Co Pty Limited, in the matter of an application for an inquiry relating to an election for offices in the Australian Hotels Association, New South Wales Branch [2003] FCA 927 WORKPLACE RELATIONS – elections - inquiry under s 218 of Workplace Relations Act 1996 (Cth) - inquiry into irregularity in election of delegates to Council of Australian Hotels Association, Leichhardt/Glebe and Wagga & District sub-branches – whether the election of delegates to Council of Australian Hotels Association, Leichhardt/Glebe sub-branch should be declared void. Workplace Relations Act 1996 (Cth) Sch 1B Workplace Relations and Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 (Cth) Items 35 and 37 of Sch 1

Re Bailey; Re Transport Workers' Union of Australia (Victorian Branch) (1997) 79 IR 1 referred to Re Churchill [2001] FCA 469; (2001) 109 FCR 104 referred to Prezbel Pty Limited v Australian Electoral Commission [2003] FCA 242 cited WILLIAM CURTEIS & CO PTY LIMITED v AUSTRALIAN ELECTORAL COMMISSION N 106 of 2003 BRANSON J 4 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 106 of 2003

BETWEEN: WILLIAM CURTEIS & CO PTY LIMITED

APPLICANT

AND: AUSTRALIAN ELECTORAL COMMISSION

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 4 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The election by the members of the Leichhardt‑Glebe sub-branch of the Australian Hotels Association, New South Wales Branch ('the Association') of delegates to the Council of the Association be declared to be void. 2. The Industrial Registrar be directed to make arrangements for a new election by members of the Leichhardt‑Glebe sub-branch of the Association of delegates to the Council of the Association. 3. The operation of the Rules of the Association be modified for the purpose only of enabling the new election referred to in paragraph 2 hereof to be held by removing, for the purpose of the new election only, the requirement of r 30.1(a) that nominations be called 'prior to 15 October in the year prior to the Election Year'. 4. The inquiry be otherwise terminated.